"Washington D.C. - Yesterday, the Legal Action Center (LAC) at
the American Immigration Council, in collaboration with Hughes Socol
Piers Resnick & Dym, filed suit against Customs and Border
Protection (CBP) and the Department of Homeland Security (DHS) for
unlawfully withholding records concerning voluntary returns of
noncitizens from the United States to their countries of origin. Between
January 2009 and April 2011, CBP managed 662,485 voluntary returns of
Mexican nationals.

Voluntary return, also known as “administrative voluntary departure,”
is a procedure whereby CBP officers permit noncitizens to voluntarily
depart the United States at their own expense rather than undergo formal
removal proceedings. Noncitizens may be granted voluntary return to
their countries of origin after conceding unlawful presence in the
United States and knowingly and voluntarily waiving the right to contest
removal.

Based on reports from immigration advocates, CBP officers do not
always provide noncitizens with information regarding the consequences
of accepting voluntary return and in some cases even compel them to
“agree” to “voluntarily” depart. Consequently, individuals who accept
voluntary departure may be forced to relinquish claims for legal status
in the U.S. or become barred from lawfully reentering the United States
for up to ten years.

Seeking greater transparency regarding these practices, the LAC filed
a detailed Freedom of Information Act (FOIA) request in June 2011. CBP
produced four pages of records with the promise of more to come. After
waiting almost a year for additional documents, the LAC filed suit under
the FOIA, which requires federal agencies to produce responsive,
non-exempt documents upon request.

“CBP’s voluntary return practices compromise the due process rights
of noncitizens who are forced to relinquish valid claims for legal
status,” according to Melissa Crow, Director of the Legal Action Center.
“We hope this lawsuit will generate greater public awareness about
CBP’s use of coercive tactics to enforce immigration law.”